HB 1155 2022
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hb1155-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to time -sharing of a minor child; 2
amending ss. 61.13 and 409.25633, F.S.; providing a 3
presumption that equal time -sharing with both parents 4
is in the best interests of a minor child when 5
creating or modifying certain parenting plans; 6
providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (c) of subsection (2) of section 11
61.13, Florida Statutes, is amended to read: 12
61.13 Support of children; parenting and time -sharing; 13
powers of court.— 14
(2) 15
(c) The court shall determine all matters relating to 16
parenting and time-sharing of each minor child of the parties in 17
accordance with the best i nterests of the child and in 18
accordance with the Uniform Child Custody Jurisdiction and 19
Enforcement Act, except that modification of a parenting plan 20
and time-sharing schedule requires a showing of a substantial, 21
material, and unanticipated change of circu mstances. 22
1. It is the public policy of the this state that each 23
minor child has frequent and continuing contact with both 24
parents after the parents separate or the marriage of the 25
HB 1155 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
parties is dissolved and to encourage parents to share the 26
rights and responsibilities, and joys, of childrearing. Except 27
as otherwise provided in this paragraph, There is a no 28
presumption that equal for or against the father or mother of 29
the child or for or against any specific time-sharing with both 30
parents is in the best int erests of the minor child schedule 31
when creating or modifying the parenting plan of the child. 32
2. The court shall order that the parental responsibility 33
for a minor child be shared by both parents unless the court 34
finds that shared parental responsibilit y would be detrimental 35
to the child. The following evidence creates a rebuttable 36
presumption of detriment to the child: 37
a. A parent has been convicted of a misdemeanor of the 38
first degree or higher involving domestic violence, as defined 39
in s. 741.28 and chapter 775; 40
b. A parent meets the criteria of s. 39.806(1)(d); or 41
c. A parent has been convicted of or had adjudication 42
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 43
at the time of the offense: 44
(I) The parent was 18 years of age or older. 45
(II) The victim was under 18 years of age or the parent 46
believed the victim to be under 18 years of age. 47
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If the presumption is not rebutted after the convicted parent is 49
advised by the court that the presumption exists, shared 50
HB 1155 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
parental responsibility, including time -sharing with the child, 51
and decisions made regarding the child, may not be granted to 52
the convicted parent. However, the convicted parent is not 53
relieved of any obligation to provide financial support. If the 54
court determines that shared parental responsibility would be 55
detrimental to the child, it may order sole parental 56
responsibility and make such arrangements for time -sharing as 57
specified in the parenting plan as will best protect the child 58
or abused spouse from further ha rm. Whether or not there is a 59
conviction of any offense of domestic violence or child abuse or 60
the existence of an injunction for protection against domestic 61
violence, the court shall consider evidence of domestic violence 62
or child abuse as evidence of det riment to the child. 63
3. In ordering shared parental responsibility, the court 64
may consider the expressed desires of the parents and may grant 65
to one party the ultimate responsibility over specific aspects 66
of the child's welfare or may divide those respon sibilities 67
between the parties based on the best interests of the child. 68
Areas of responsibility may include education, health care, and 69
any other responsibilities that the court finds unique to a 70
particular family. 71
4. The court shall order sole parental responsibility for 72
a minor child to one parent, with or without time -sharing with 73
the other parent if it is in the best interests of the minor 74
child. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. There is a rebuttable presumption against granting 76
time-sharing with a minor child if a parent has b een convicted 77
of or had adjudication withheld for an offense enumerated in s. 78
943.0435(1)(h)1.a., and at the time of the offense: 79
a. The parent was 18 years of age or older. 80
b. The victim was under 18 years of age or the parent 81
believed the victim to b e under 18 years of age. 82
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A parent may rebut the presumption upon a specific finding in 84
writing by the court that the parent poses no significant risk 85
of harm to the child and that time -sharing is in the best 86
interests of the minor child. If the presumptio n is rebutted, 87
the court shall consider all time -sharing factors in subsection 88
(3) when developing a time -sharing schedule. 89
6. Access to records and information pertaining to a minor 90
child, including, but not limited to, medical, dental, and 91
school records, may not be denied to either parent. Full rights 92
under this subparagraph apply to either parent unless a court 93
order specifically revokes these rights, including any 94
restrictions on these rights as provided in a domestic violence 95
injunction. A parent ha ving rights under this subparagraph has 96
the same rights upon request as to form, substance, and manner 97
of access as are available to the other parent of a child, 98
including, without limitation, the right to in -person 99
communication with medical, dental, and education providers. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Section 409.25633, Florida Statutes, is amended 101
to read: 102
409.25633 Title IV-D Standard Parenting Time Plans. —The 103
best interests interest of the child is the primary 104
consideration of the parenting plan, and special cons ideration 105
should be given to the age and needs of each child. There is a 106
no presumption that equal for or against the father or mother of 107
the child or for or against any specific time-sharing with both 108
parents is in the best interests of the minor child schedule 109
when a parenting time plan is created. 110
(1) A Title IV-D Standard Parenting Time Plan shall be 111
presented to the parents in any administrative action taken by 112
the Title IV-D program to establish or modify child support or 113
to determine paternity. If the parents agree to the Title IV -D 114
Standard Parenting Time Plan or to another parenting time plan, 115
the plan must be signed by the parents and incorporated into the 116
administrative order. If the parents do not agree to a Title IV -117
D Standard Parenting Time P lan or if an agreed-upon parenting 118
time plan is not included, the Department of Revenue must enter 119
an administrative support order and refer the parents to the 120
court of appropriate jurisdiction to establish a parenting time 121
plan. The department must note o n the referral that an 122
administrative support order has been entered. If a parenting 123
time plan is not included in the administrative support order 124
entered pursuant to s. 409.2563, the department must provide 125
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information to the parents on the process to est ablish such a 126
plan. 127
(2) After the incorporation of an agreed -upon parenting 128
time plan into an administrative order, a modification or 129
enforcement of the parenting time plan may be sought through a 130
court of appropriate jurisdiction. 131
(3) The parent who o wes support is entitled to parenting 132
time with the child. If the parents do not have a signed, 133
agreed-upon parenting time plan, the following Title IV -D 134
Standard Parenting Time Plan must be incorporated into an 135
administrative support order if agreed to and signed by the 136
parents: 137
(a) Every other weekend. —The second and fourth full 138
weekend of the month from 6 p.m. on Friday through 6 p.m. on 139
Sunday. The weekends may begin upon the child's release from 140
school on Friday and end on Sunday at 6 p.m. or when the child 141
returns to school on Monday morning. The weekend time may be 142
extended by holidays that fall on Friday or Monday .; 143
(b) One evening per week. —One weekday beginning at 6 p.m. 144
and ending at 8 p.m. or, if both parents agree, from when the 145
child is released from school until 8 p.m. ; 146
(c) Thanksgiving break. —In even-numbered years, the 147
Thanksgiving break from 6 p.m. on the Wednesday before 148
Thanksgiving until 6 p.m. on the Sunday following Thanksgiving. 149
If both parents agree, the Thanksgiving break parent ing time may 150
HB 1155 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
begin upon the child's release from school and end upon the 151
child's return to school the following Monday .; 152
(d) Winter break.—In odd-numbered years, the first half of 153
winter break, from the child's release from school, beginning at 154
6 p.m. or, if both parents agree, upon the child's release from 155
school, until noon on December 26. In even -numbered years, the 156
second half of winter break from noon on December 26 until 6 157
p.m. on the day before school resumes or, if both parents agree, 158
upon the child's return to school .; 159
(e) Spring break.—In even-numbered years, the week of 160
spring break from 6 p.m. the day the child is released from 161
school until 6 p.m. the night before school resumes. If both 162
parents agree, the spring break parenting time may begi n upon 163
the child's release from school and end upon the child's return 164
to school the following Monday .; and 165
(f) Summer break.—For 2 weeks in the summer beginning at 6 166
p.m. the first Sunday following the last day of school. 167
(4) In the event the parents have not agreed on a 168
parenting schedule at the time of the child support hearing, the 169
department shall enter an administrative support order and refer 170
the parents to a court of appropriate jurisdiction for the 171
establishment of a parenting time plan. 172
(5) The Title IV-D Standard Parenting Time Plan is not 173
intended for the use by, and may not be provided to, parents and 174
families with domestic or family violence concerns. 175
HB 1155 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6) If, after the incorporation of an agreed -upon 176
parenting time plan into an administ rative support order, a 177
parent becomes concerned about the safety of the child during 178
the child's time with the other parent, a modification of the 179
parenting time plan may be sought through a court of appropriate 180
jurisdiction. 181
(7) The department shall cr eate and provide a form for a 182
petition to establish a parenting time plan for parents who have 183
not agreed on a parenting schedule at the time of the child 184
support hearing. The department shall provide the form to the 185
parents, but may not file the petition or represent either 186
parent at the hearing. 187
(8) The parents are may not be required to pay a fee to 188
file the petition to establish a parenting plan. 189
(9) The department may adopt rules to implement and 190
administer this section. 191
Section 3. This act sha ll take effect July 1, 2022. 192